Under faraid, yes — each parent normally takes one sixth where the deceased left children. Under Canadian intestacy, generally no: parents receive nothing while a spouse or children survive.
The Canadian position
This is the sharpest single divergence between the two systems. Ontario's Succession Law Reform Act distributes to the spouse and issue first; parents inherit only where neither survives.
The Islamic position
The mother and father each take one sixth where the deceased left children. Where there are no children, the mother takes one third and the father takes the residue as a residuary heir.
Where the heirs are a spouse and both parents, the Umariyyatan rule gives the mother one third of what remains after the spouse's share rather than one third of the whole estate.
All four Sunni schools follow the Umariyyatan rule. The minority view giving the mother one third of the entire estate is attributed to Ibn 'Abbas and is not the position of any of the four.
A young father who dies intestate in Ontario leaves his own parents nothing. Only a will changes that.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Does spouse inherit if no will ontario — Treadstone Law
- Who can apply to administer estate no will ontario — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Who pays estate debts intestacy ontario — Treadstone Law
- Adopted children inheritance intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law